Texas Dismemberment Abortion Ban Upheld by Fifth Circuit

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The United States Court of Appeals for the Fifth Circuit upheld the Texas Dismemberment Abortion Ban today, reversing previous court rulings that blocked the Pro-Life law.

In 2017, Texas recognized the gruesomeness of dismemberment abortions, a method that kills preborn children by tearing them apart limb by limb. Thus, the Legislature banned the procedure four years ago with bipartisan support. Shortly before the law went into effect, the abortion industry sued to stop enforcement, as they do with nearly every Pro-Life policy. The law has waited in the courts since then.

If the abortion industry appeals today’s decision, the Supreme Court must answer the case’s dynamic legal question: “Is a dismemberment abortion inhumane enough to warrant legal prohibition?” The evident answer to this targeted question directly undermines some of the Supreme Court’s central premises in their abortion jurisprudence, such as the misconception that pre-viability abortions are more ethical than those that occur after viability.

“Texans celebrate today’s long-awaited victory,” responded Texas Right to Life Director of Media and Communication Kimberlyn Schwartz. “Anyone can see the cruelty of dismemberment abortions, ripping a child’s body apart while her heart is still beating. We’re grateful the judges recognized this horror.”

Meanwhile, the Texas Heartbeat Act is slated to take effect September 1, 2021, protecting preborn children as early as six weeks, when the baby’s heartbeat is detectable by the most common methods. The Texas Heartbeat Act is novel in approach, allowing for citizens to hold abortionists accountable through private lawsuits. Abortionists sued a broad list of Texans in July in an attempt to stop the law from being enforced next month. A hearing is scheduled for August 30. 

Through groundbreaking Pro-Life legislation, we can end Roe v. Wade and protect preborn children!


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